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Learn · Foreign sales and ITAR

Selling U.S. defense work abroad.

A foreign government buys from a U.S. company either through the U.S. government (Foreign Military Sales) or directly from you (Direct Commercial Sales). Both run through export control law. Here is what you need before you quote anything to a foreign buyer.

Start here

  1. Does ITAR apply?Check the U.S. Munitions List; defense services count even when nothing ships.
  2. Register with DDTCRequired even if you only manufacture; yearly, with a tiered fee.
  3. Get the authorizationDSP-5, DSP-73, a TAA for services; some exemptions.
  4. Know when Congress gets a sayLarge sales are notified; plan the timeline.

Step 1 · Figure out if ITAR applies 22 CFR 120 to 130Services count

ITAR covers anything on the U.S. Munitions List: 21 categories of defense articles, the technical data behind them, and defense services. Training a foreign military, helping it integrate, maintain or operate U.S.-origin equipment, or giving it military advice can all need a license, even if nothing physical ships.

  1. Check the USMLYour item or service against the categories in 22 CFR 121.1.
  2. Not on the USML? Find the ECCNOn the Commerce Control List (EAR, 15 CFR 774). The "600 series" and "9x515" entries are former military items that moved to Commerce.
  3. Not sure which list?Ask State for a Commodity Jurisdiction determination (form DS-4076).

Step 2 · Register with DDTC Yearly

Any U.S. company that manufactures, exports or temporarily imports defense articles, or furnishes defense services, must register with the State Department's Directorate of Defense Trade Controls, even if it only manufactures and never exports.

  • Online in DECCS with form DS-2032
  • Renews every year; the annual fee is tiered by how many licenses you use
  • An active registration is required before any license application

Step 3 · Get the right authorization Filed in DECCS

What you are doing
What you file
Permanent export of hardware or technical data
DSP-5 license
Temporary export (demo, trade show, repair)
DSP-73 license
Temporary import
DSP-61 license
Classified articles or data
DSP-85 license
Defense services: training, technical help, integration
Technical Assistance Agreement (TAA)
Letting a foreign company build your item
Manufacturing License Agreement (MLA)
Stocking and distributing abroad
Warehouse and Distribution Agreement (WDA)
The rest of this guideCore
  • Step 3: exemptions
  • Step 4: when Congress gets a say
  • Importing defense items into the U.S.
  • How an FMS sale works
  • Before your first foreign deal
Read it with the 7-day trial

Foreign Military Sales notices →

A plain-language overview, not legal advice. Export rules change and penalties are serious; before your first license, talk to an export compliance attorney or consultant. Official sources: DDTC, ITAR text (eCFR), DSCA, Security Assistance Management Manual, BIS (EAR).